Invitation for Bid Valrico Reclaimed Water Facility Diesel Generator

IFB No. 26-00406

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IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING BID

SOLICITATION TYPE: Competitive Sealed Bids

SOLICITATION NUMBER: IFB-26-00406

SOLICITATION TITLE: Valrico Reclaimed Water Facility Diesel Generator

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking competitively sealed bids from qualified Contractors to provide an addition of a new 1500 kW/1875 kVA diesel driven generator housed in a walk-in enclosure and mounted on an 8,500 sub-base diesel fuel tank for the existing Valrico Reclaimed Water Facility located on the site of the Valrico Advanced Wastewater Treatment Facility (AWWTF).

DUE DATE & TIME: November 18, 2:00 P.M. Eastern Time as recorded by the County’s Electronic Bidding System)

PRIMARY CONTACT: Rebecca Baez, Senior Buyer

BID SUBMISSION: The County will only accept bids submitted through its electronic bidding system (Euna Procurement). Bids that are submitted or delivered by non-electronic means (hard-copy paper), facsimile, electronic mail (e-mail), electronic file, or means other than through the County's electronic bidding system (Euna Procurement) will not be accepted or considered. Please visit our vendors webpage (hcfl.gov/vendors) for information regarding vendor registration, electronic bid submission, procurement opportunities, and other important resources.

TIMELINESS: To preserve the integrity of the competitive sealed bid process, bids submitted after the due date and time listed above, unless otherwise amended, cannot and will not be accepted. Please do not wait until the last minute, hour, or day to submit your bid, as you may encounter technical difficulties or issues that cannot be resolved before the due date and time.

When preparing to submit your bid, please read and follow all instructions regarding formatting and other details related to the form(s) to be used.

Again, please do not wait until it’s too late for assistance. We value and need your participation, so the last thing we want is for you to miss this opportunity.

QUESTIONS: ● Questions regarding technical difficulties or errors encountered while submitting proposals through Euna Procurement must be directed to

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Euna Procurement Support at 1-844-226-3862 or support.bonfire@eunasolutions.com.

● Questions regarding the specifications or solicitation document must be directed to the primary contact listed above using the “messages” section in Euna Procurement for this particular procurement.

• To be given consideration, such requests must be received no later than 14 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-bid conference, whichever is later.

• Questions regarding vendor registration, training, or general questions must be directed to the Supplier Engagement Team at (813) 272-5790 or iSupplier@HCFL.gov.

SBE GOAL: This procurement requires the successful bidder to meet a subcontracting Small Business Enterprise (SBE) Participation Goal of 5% and is subject to the policies and procedures governing the County’s Small Business Encouragement Program. Please see Special Terms and Conditions for complete details and requirements.

CONE OF SILENCE: A Cone of Silence is in effect for this procurement; therefore, no bidder, interested party and/or their principals, officers, employees, attorneys, or agents shall communicate with County employees, the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners, including their aides and employees regarding this procurement and/or a related protest, except as otherwise provided in the Hillsborough County Procurement Protest Policy and Procedures Ordinance. The Cone of Silence does not prohibit a bidder from communicating with the Director of Procurement, staff in the Procurement Services Department, or the County’s attorney assigned to this procurement. Violating the Cone of Silence may disqualify the bidder from consideration for award. Please refer to the Instructions for complete details about the Cone of Silence.

INSURANCE: Insurance coverage is required for this procurement. Please see IFB-26-00406 Attachment D Insurance Requirements Attachment and Special Terms and Conditions. Please be aware of the required Additional Insured Endorsement.

The contract must include an additional insured endorsement specifying Hillsborough County, its officers, employees, and agents as Additional Insureds.

Please see page one of the Insurance requirements document.

SURETY (BONDS): Bid, performance, and/or payment surety is required for this procurement.

[Please see Special Terms and Conditions for complete details and requirements.] A corporate resolution shall be submitted with the offer. The corporate resolution will be used to confirm signature authorizations on submitted documentation.

mailto:support.bonfire@eunasolutions.com mailto:iSupplier@HCFL.gov https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI https://library.municode.com/fl/hillsborough_county/codes/code_of_ordinances,_part_a?nodeId=HICOCOORLA_CH2AD_ARTVIPR_DIV3HICOPRPRPOPR_S2-562TI

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E-VERIFY: The Department of Homeland Security's Image Program and E-Verify apply to this procurement. Please see General Terms and Conditions for complete details and requirements.

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1. SPECIFICATIONS

1.1. Scope

1.1.1 The Hillsborough County Board of County Commissioners (County) is seeking competitively sealed bids from qualified Contractors to provide an addition of a new 1500 kW/1875 kVA diesel driven generator housed in a walk-in enclosure and mounted on an 8,500 sub-base diesel fuel tank for the existing Valrico Reclaimed Water Facility located on the site of the Valrico Advanced Wastewater Treatment Facility (AWWTF).

1.1.2 Construction of stairs, a reinforced concrete pad, and platforms for accessing the generator and sub-base fuel tank. Provision of a 100%-rated 2000 A, 65 kAIC, LIG circuit breaker and other necessary components required for a complete and operational standby power supply. Replacement of the existing redundant utility service feed currently connecting the Valrico Reclaimed Water Facility utility transformer to Main Circuit Breaker 2.

1.1.3 Addition of a new manhole, conductor, conduits, concrete-encased duct banks, and other necessary items required for new power and control modifications to the existing switchgear and related equipment for installation of the generator. Provision of a 10KVA uninterruptible power supply unit for immediate backup power and protection of the existing PLC panels located inside the existing switchgear from power interruptions, voltage fluctuations, and surges.

1.1.4 This project is partially funded by Florida Division of Emergency Management, Florida Department of Commerce under the Hazard Mitigation Grant Program and Hazard Mitigation Grant Match Program. For more information about the Grant, please refer to Attachment E.

1.1.5 For further details of the types of services that may be included in this project, please refer to all attachments including attachment A Valrico AWWTF New RWF Generator Specifications.

1.2. Minimum Requirements

1.2.1 The Bidder/Proposer or principal thereof shall demonstrate recent experience in providing substantially similar services. At the time of the opening of this bid, the Contractor must have a current active Florida Contractor’s License from the Construction Industry Licensing Board of the following types:

1.2.2 Certified General Contractor (GCG) or Registered General Contractor (RGC), CU Certified Underground Utility and Excavation Contractor or RU Registered Underground Utility and Excavation Contractor.

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1.2.3 The Contractor must hold current and active license throughout the term of this contract.

1.2.4 The Contractor shall be registered to work in Hillsborough County and shall be responsible for insuring that all subcontractors are properly licensed for the duration of the contract and all cost associated herein shall be borne by the Contractor.

2. SPECIAL TERMS AND CONDITIONS

2.1 Allowance

An Allowance in the amount of $692.00 for permits and $500,000.00 for Allowance Authorization shall be added to the total Bid amount.

2.2 Alteration of Plans or of Character of Work

2.2.1 The Professional reserves the right to make, at any time prior to or during the progress of the Work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction whether a substantial change or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Professional. Such increases, or decreases or alterations shall not constitute a breach of Contract, shall not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the Work, as altered, the same as if it had been a part of the original Contract.

2.2.2 The term "significant change" applies only when:

2.2.2.1 The Professional determines that the character of the Work as altered differs materially in kind or nature from that involved or included in the original proposed construction, or

2.2.2.2 A major item of Work, defined as having an original Contract value in excess of five percent (5%) of the original Contract amount or is increased or decreased in excess of twenty-five percent (25%) of the original Contract quantity. The County will apply any price adjustment for an increase in quantity only to that portion in excess of twenty-five (25%) of the original Contract item quantity.

2.3 Basis for Award (Overall Low)

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Award will be made to the lowest, responsive, and responsible Bidder meeting Specifications.

Award will be made to a single Bidder for all line items. If a Bidder fails to submit an Offer on all line items, then that Bidder is not eligible for award.

2.4 Bonds

2.4.1 Earnest Money Deposit/Bid Bonds and Other Bid Securities

2.4.1.1 An Earnest Money Deposit/Bid Bond or other security is required with this Bid. Either a certified check, a cashier's check, treasurer’s check, or a bank draft drawn on any national or state licensed financial institution or, in the alternative, an Earnest Money Deposit completed and signed by all required parties and submitted in the format detailed in the attachment, shall be required to accompany each Bid Proposal in a stated dollar amount which equals not less than five percent (5%) of the sum of the computed total amount of the Bidder’s Bid Proposal.

2.4.1.2 If the Bid will be awarded at a stated dollar amount, the Earnest Money Deposit or other security must be in an amount of five percent (5%) of the stated award amount, regardless of the Bid prices received.

2.4.1.3 Any submitted certified check, cashier’s check, treasurer’s check, or bank draft shall be drawn on a solvent bank or trust company authorized to do business in Florida, payable to the order of Hillsborough County Board of County Commissioners, and shall have all necessary documentary revenue stamps attached, if required by law.

2.4.1.4 Sureties on Earnest Money Deposits shall be companies authorized to do business in the State of Florida and satisfactory evidence of the authority of the person or persons executing such Bid Bonds shall be submitted with the Bid Bond.

2.4.1.5 Bid Bonds must be submitted on the form provided (see attachment).

2.4.1.6 Personal checks, business checks, and cash deposits are not acceptable to Hillsborough County and will render your Bid nonresponsive.

2.4.2 Performance and Payment Bonds

2.4.2.1 The successful Bidder shall execute a Performance Bond as shown within the attachment, or furnish acceptable alternative forms of security, in a sum equal to one hundred percent (100%) of the total awarded Contract amount by a Surety company considered satisfactory by the County and otherwise authorized to transact business in the State of Florida. The Performance Bond shall be required from the successful Bidder to ensure the faithful performance of the obligations imposed by the Contract.

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2.4.2.2 The successful Bidder shall execute a Payment Bond as shown within the attachments, or furnish acceptable alternative forms of security, in a sum equal to one hundred percent (100%) of the total awarded Contract by a Surety company considered satisfactory by the County and otherwise authorized to transact business in the State of Florida. The Payment Bond shall be provided by the successful Bidder for purposes of protecting the County from lawsuits for non-payment of debt that might arise in connection with the successful Bidder's performance under the Contract.

2.4.2.3 The Performance Bond and Payment Bond forms will be included in the Contract Documents and must be properly executed by the Surety and the successful Bidder. Attorneys-in-fact who sign Bonds or other surety instruments must attach with each Bond or surety instrument a certified and effectively dated copy of their power of attorney and hold an active insurance license in the State of Florida.

Certified copies of the recorded Bonds shall be submitted to the County within ten

(10) Business Days after the County posts the Notice of Intent to Recommend Award in the County Electronic Bidding System.

2.4.2.4 In lieu of the Performance and Payment Bonds required by this section, the successful Bidder may file with the County an alternative form of security which shall be in the form of Cash, money order, certified check, cashier's check, irrevocable letter of credit, or alternative securities of the type listed in Part II of Chapter 625, Florida Statutes. Such alternative forms of security shall be for the same purpose and shall be subject to the same conditions as those applicable to the Performance and Payment Bonds. The determination of the value or acceptability of such alternative forms of security shall be made by the County.

2.4.3 Security Forfeiture

If within ten (10) Business Days after the issuance of the Notice of Intent to Recommend Award is posted in the County Electronic Bidding System, the successful Bidder refuses, or otherwise neglects to execute and deliver the required Agreement, or fails to furnish the required Performance and Payment Bonds, or acceptable alternative forms of security as stipulated herein, or any required Certificates of Insurance, the amount of the Bid security provided by said Bidder, whether cash, check, Bid Bond, or some other form acceptable to the County, or any combination of these, may be forfeited, and the Bidder may be excluded from further consideration for award of the Bid. The Director of Procurement shall have sole discretion to make the determination in the best interest of the County to rescind the Notice of Intent to Recommend Award and to reject the Bidder’s Bid. No plea of mistake in the Bid or misunderstanding of the conditions of forfeiture shall be available to the Bidder for the recovery of its Bid security, or as a defense to any action based upon the neglect or refusal to execute the required Agreement, and/or to furnish the required Bonds and/or applicable Certificates of Insurance as required by the Contract Documents.

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2.5 Insurance, Contractor

See IFB-26-00406 Attachment D Insurance Requirements Attachment for more specific details regarding the type of coverage and amounts required.

2.5.1 No work for the County shall commence or occupancy of any of its property take place until the required Certificates of Insurance and copies of the policies, if requested, are received by the County and written Notice to Proceed is issued to the Contractor by the County.

2.5.2 The insurance coverages and limits required of the Contractor under the Contract Documents are designed to meet the minimum requirements of the County. They are not designed as a recommended insurance program for the Contractor. Contractor shall be responsible for the sufficiency of its own insurance program. Should the Contractor have any questions concerning its exposure to loss under the Contract Documents or the insurance coverages needed therefore, it should seek professional assistance.

2.5.3 If the insurance coverage initially provided by the Contractor is to expire prior to completion of the Work, renewal Certificates of Insurance shall be furnished to the County the ten (10) Days prior to expiration of current coverages.

2.5.4 Should the Contractor fail to maintain the insurance coverages required by the Contract Documents, the County may, at its option, either terminate this Agreement for default or procure and pay for such coverage, charge the Contractor for and deduct the costs of the same from payments due the Contractor. A decision by the County to procure and pay for such insurance coverage shall not operate as a waiver of any of its rights under the Contract Documents.

2.5.5 Failure of the Contractor to submit the required Certificates of Insurance within the times required by this Section may result in a delay in issuing the Notice to Proceed. The parties specifically agree that such a delay is neither excusable nor compensable and will not entitle the Contractor to a change in the Contract Price or Time.

2.6 Additional Applicable Federal Contract Provisions

2.6.1 Since the Work to be performed under the resulting Agreement will be paid from federal funds provided under the Hazard Mitigation Grant Program, compliance with the following additional requirements will be required from the Contractor. Within these Federal Contract Provisions, the Contractor will be referred to as “Contractor” or “contractor” and the County as “administering agency”. The Contractor agrees that these Federal Contract Provisions shall be part of and shall be automatically incorporated into the final contract.

2.6.1.1 Contract Work Hours and Safety Standards (40 USC 3701-3708)

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2.6.1.1.1 Applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers and, as part of any resulting contract, requires compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5).

2.6.1.1.2 Under 40 U.S.C. 3702 of the Act, each Contractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

2.6.1.2 Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms (2 CFR 200.321)

2.6.1.2.1 The County will take all necessary affirmative steps to assure that minority business, women's business enterprises, and labor surplus area firms are used when possible.

2.6.1.2.2 Affirmative steps must include:

2.6.1.2.2.1 Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2.6.1.2.2.2 Assuring that small and minority businesses, and

women's business enterprises are solicited whenever they are potential sources;

2.6.1.2.2.3 Dividing total requirements, when economically

feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

2.6.1.2.2.4 Establishing delivery schedules, where the

requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704 https://www.ecfr.gov/current/title-29/part-5 https://www.govinfo.gov/link/uscode/40/3702 https://www.govinfo.gov/link/uscode/40/3704

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2.6.1.2.2.5 Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

2.6.1.2.2.6 Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section.

2.6.1.3 Procurement of Recovered Materials (2 CFR 200.323)

2.6.1.3.1 The selected Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

2.6.1.3.2 The following provides the clause that a state agency or agency of a political subdivision of a state and its contractors can include in contracts meeting the above contract thresholds:

2.6.1.3.2.1 “In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired—

2.6.1.3.2.2 Competitively within a timeframe providing for

compliance with the contract performance schedule;

2.6.1.3.2.3 Meeting contract performance requirements; or

2.6.1.3.2.4 At a reasonable price.

2.6.1.3.3 Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

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2.6.1.4 Domestic Preferences for Procurements (2 CFR 200.322)

2.6.1.4.1 As appropriate and to the extent consistent with law, the Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

2.6.1.4.2 For purposes of this section:

2.6.1.4.2.1 “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2.6.1.4.2.2 “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2.6.1.5 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)

2.6.1.5.1 Contractors shall file the required certification as part of its response. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

2.6.1.5.2 See Appendix A, 44 C.F.R. PART 18 – Certification Regarding Lobbying to be executed and submitted with Contract.

2.6.1.6 Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment (2 CFR 200.216)

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2.6.1.6.1 Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

2.6.1.6.1.1 Procure or obtain;

2.6.1.6.1.2 Extend or renew a contract to procure or obtain; or

2.6.1.6.1.3 Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

2.6.1.6.1.3.1 For the purpose of public safety, security of

government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

2.6.1.6.1.3.2 Telecommunications or video surveillance

services provided by such entities or using such equipment.

2.6.1.6.1.3.3 Telecommunications or video surveillance

equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

2.6.1.6.1.4 In implementing the prohibition under Public Law

115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is https://www.govinfo.gov/link/plaw/115/public/232 https://www.govinfo.gov/link/plaw/115/public/232 https://www.govinfo.gov/link/plaw/115/public/232

IFB-26-00406 Page 13 reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

2.6.1.6.1.4.1 See Public Law 115-232, section 889 for

additional information.

2.6.1.6.1.4.2 See also § 200.471.

2.6.1.7 Suspension and Debarment (2 CFR §200.213)

2.6.1.7.1 This contract is a covered transaction for purposes of 49 CFR Part

29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR

29.940 and 29.945.

2.6.1.7.2 The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

2.6.1.7.3 By signing the contract, the Contractor certifies as follows:

2.6.1.7.3.1 The certification in this clause is a material

representation of fact relied upon by Hillsborough County. If it is later determined that the Contractor knowingly rendered an erroneous certification, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

2.6.1.8 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387)

For contracts and subgrants of amounts in excess of $150,000 the non-Federal contractor shall agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations https://www.ecfr.gov/current/title-2/section-200.471

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2.6.1.8.1 Clean Air

2.6.1.8.1.1 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the appropriate federal regulatory agency and the EPA Regional Office.

2.6.1.8.1.2 The Contractor also agrees to include these

requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

2.6.1.8.2 Federal Water Pollution Control Act

2.6.1.8.2.1 The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2.6.1.8.2.2 The Contractor agrees to report each violation to Hillsborough County and understands and agrees that Hillsborough County will, in turn, report each violation as required to assure notification to the Florida Department of Emergency Management, Hillsborough County (as recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

2.6.1.8.2.3 The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

2.6.1.9 Changes to Federal Requirements

Contractor shall at all times comply with all applicable federal regulations, policies, procedures and directives, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

2.6.1.10 No Obligation by the Federal Government

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2.6.1.10.1 The County and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the County, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

2.6.1.10.2 The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

2.6.1.11 Right to Inventions Made Under a Contract or Agreement. (37 CFR Part 401)

If the Federal award meets the definition of “funding agreement” under 37 CFR §

401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

2.6.1.12 Program Fraud and False or Fraudulent Statements or Related Acts

2.6.1.12.1 The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the ARPA assisted Project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/section-401.2#p-401.2(a) https://www.ecfr.gov/current/title-37/part-401

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2.6.1.12.2 The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a Project that is financed in whole or in part with Federal assistance, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

2.6.1.12.3 The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

2.7 Retainage

2.7.1 All progress payments shall be subject to a five percent (5%) retainage throughout the duration of the Contract. The County shall make payment to the Contractor within the time limits set forth in the "Approval of Payments" Clause, unless the County has grounds for withholding the payment of retainage. The County does not have to pay or release any amounts that are the subject of a good faith dispute or the subject of a claim brought pursuant to Section 255.05 Florida Statutes. Retainage may be withheld for deficiencies including, but not limited to, schedule slippage, delinquent submittals, Subcontractor non-payment (regardless of fault) or defective work as provided under the Contract. Remaining retainage shall be released as provided under Florida Statutes Section 218.735 (a) and Section 5.12.6 of this Contract. The Director, at his discretion, has the authority to reduce or release retainage held by the County.

2.7.2 When the County makes any payment of retainage to the Contractor which is attributable to the labor, services or materials supplied by one or more Subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those Subcontractors and suppliers.

2.7.3 If the Contractor elects to withhold retainage from its Subcontractors at a rate higher than five percent (5%), then the Contractor may not request the release of such retainage funds from the County.

2.8 Changes in the Work/Change Orders/Modifications

2.8.1 All additions, deletions, or revisions to the Contract shall be valid and enforceable only when authorized by a written Change Order or Modification Agreement approved and/or executed by the applicable authorized representatives of the County in accordance with County policy. Modification Agreements that are required to be approved by the Board of County Commissioners pursuant to County policy must be executed by the Contractor and the Chair of the Board of County Commissioners. Only upon receipt of a

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Change Order or Modification Agreement shall the Contractor be authorized to proceed with the Work involved. All such Work shall be executed under the applicable terms and conditions contained in the Contract Documents.

2.8.2 Additional Work performed by the Contractor without the authorization of a Change Order or Modification Agreement will not entitle the Contractor to an increase in the Contract Price or an extension of the Contract Time except in the case of an emergency as provided for herein. The effect of this paragraph shall remain paramount and shall prevail irrespective of any conflicting provisions contained in these Contract Documents.

2.8.3 It is the Contractor’s responsibility to notify its Surety of any changes affecting the general scope of the Work/Services or change of the Contract Price, and the amount of the applicable Bond(s) shall be adjusted accordingly.

2.9 Non-Exclusive Contract

Award of this Contract shall impose no obligation on the County to utilize the Successful Bidder/Proposer for all Services and/or Work of this type, which may develop during the Contract Period. This is not an exclusive Contract. The County specifically reserves the right to concurrently contract with other companies for similar Services and/or Work if it deems such action to be in the County's best interest.

2.10 Utilization of SBEs (Non-Term Contracts)

2.10.1 General Information – This Section outlines the requirements/specifications for small business enterprise participation in any resulting contracts resulting from this solicitation pursuant to the County’s Small Business Encouragement Program (Hillsborough County Resolution No. R25-071). Small Business Enterprise (SBE) shall mean a business that is registered as a bona fide small business enterprise with the County or that has been granted reciprocal registration as a small business enterprise by the County.

It is the policy of the County’s Board of County Commissioners (BOCC) to encourage the participation of all responsible businesses in County contracting and procurement activities. The objective of the County’s Small Business Encouragement Program is to provide opportunities for the participation of SBEs in County procurement and contracting activities and to encourage the participation of all responsible and eligible SBEs in these activities. In this regard, the Successful Bidder to whom any award of this solicitation is made shall take all necessary and reasonable steps to ensure that SBEs have the maximum opportunity to participate in this contract and shall be contractually obligated to meet the SBE participation goal established for this contract/project.

The County has established an overall annual goal of twenty percent (20%) for the participation of SBEs in all construction contracts valued at Two Hundred Thousand Dollars ($200,000) or more.

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Failure of a Bidder to comply with the pre-award requirements set forth in this Section may result in the County’s rejection of the Bid. Failure of the Successful Bidder/Contractor to perform/comply with the applicable contractual requirements regarding the County’s Small Business Encouragement Program may constitute a material breach of the Contract and may result in termination of the Contract by the County.

2.10.2 SBE Participation Goal – The County’s Small Business Encouragement Program participation goal is detailed below:

2.10.2.1.1 Project Goal. In connection with this solicitation and its resulting Contract, a goal of 5% has been established for participation by SBEs as Subcontractors. The established goal shall be applied to the full monetary value of the Contract (excluding the value of possible alternates) and shall be reflected in the monetary portion spent on subcontracts for consulting and/or construction services to be awarded to those SBEs meeting Contract Specifications.

2.10.2.1.2 Eligible SBE Businesses. All firms identified in Bidder’s Bid must either be registered with the County as a SBE or be eligible for provisional reciprocal registration with the County by the Close Date of this solicitation in order for such SBE to be counted toward the SBE participation goal. Businesses that have graduated from Hillsborough County’s Small Business Encouragement Program and those that have been denied registration by the County shall not be counted toward goal attainment and/or goal attainment through reciprocal registration or joint venture. For a current listing of Hillsborough County-Registered Small Business Encouragement Program firms, please visit the Small Business Encouragement Program’s online Directory at:

https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program . This website also includes a link to a list of firms that have graduated from or been denied registration in the County’s Small Business Encouragement Program.

2.10.2.1.3 SBE Suppliers. With respect to the participation of SBE suppliers, credit toward the goal will be calculated as follows: Fifty percent (50%) of the total value of supplies furnished by a registered SBE will be credited toward the goals established for the project/Contract provided that the supplier is not a manufacturer. If the SBE supplier also manufactures the product, then full credit (100%) will be given.

2.10.2.1.4 2nd and 3rd Tier Participation for Project over $20 Million.

Bidders will be allowed to utilize second tier SBE participation (i.e., SBE subcontractor of 1st tier subcontractor) and third (3rd) tier SBE participation (i.e., SBE subcontractor of 2nd tier subcontractor) for goal https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

IFB-26-00406 Page 19 attainment in projects/contracts valued at over Twenty Million Dollars ($20,000,000).

2.10.2.1.5 Obligation to Meet SBE Project Goal – The Successful Bidder who is awarded a contract resulting from this solicitation shall be contractually obligated to meet the overall SBE participation goal established for this entire Contract/project.

2.10.2.1.6 Contracts of $200,000 or More with no Goal. For Contracts for which no project goal was established (as evidenced by "N/A" appearing in the first blank in the above clause) because the project/Contract was estimated by the County at a price of less than Two Hundred Thousand Dollars ($200,000) but for which the Bid(s) received equal or exceed $200,000, the County's annual goal of twenty percent (20%) shall apply.

2.10.2.1.7 Contracts Less than $200,000 with a Goal. For Contracts for which a project goal is established but for which the Bid(s) received are less than Two Hundred Thousand Dollars ($200,000), the established goal shall not apply.

2.10.2.1.8 SBE-1 Form. Bidders must use the Subcontractors/Material Suppliers List-Construction Contracts (SBE-1 Form) included in this solicitation, if applicable, to document Bidders’ attainment of the SBE participation goal. The identification of all SBE businesses to be utilized on the project must be shown on this form. This form is the basis for determining whether the Bidder has met the SBE participation goal for this Contract/project.

2.10.2.1.9 Assistance to SBE Firms. Bidders shall undertake to provide information and assistance to SBEs for the purpose of facilitating proposals by said SBEs to provide Subcontractor services to the Bidders.

These efforts shall include Bidders making the necessary and reasonable steps in selecting economically feasible portions of the work to be broken down to facilitate SBE participation. The County’s Small Business Enterprises Division may refer the Bidder to the appropriate County agency/department for technical assistance in identifying portions of the work that can be broken down for SBE participation.

2.10.2.1.10 SBE Bidding as a Prime Contractor. Any SBE firm who submits a Bid as a prime Contractor on a construction project shall be subject to the same SBE Subcontractor participation goals as a non-SBE Bidder. This means that the SBE prime Contractor cannot use its own resources to meet the Contract/project’s SBE Subcontractor participation goal.

2.10.3 Registration/Reciprocity/Joint Venture

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2.10.3.1 Registration – Registration as a SBE must be obtained by a Subcontractor by the Close Date of this solicitation in order for such SBE to be counted toward the SBE participation goal. Businesses that have graduated from Hillsborough County’s Small Business Encouragement Program and those that have been denied registration by the County shall not be counted toward goal attainment and/or goal attainment through reciprocal registration or joint venture. The County’s SBE Directory and a list of those firms that have graduated from the County’s Small Business Encouragement Program, as well as those firms who have been awarded the one-time reciprocal registration and firms that have been denied registration with the County’s Small Business Encouragement Program can be found on the County website at: https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

2.10.3.2 Reciprocity - Provisional reciprocity shall be granted to SBE firms that have been principally domiciled (headquartered) within one (1) of the following Florida counties for a period of at least six (6) months: Hillsborough, Pinellas, Pasco or Hernando, and registered by a local city, county, or state jurisdiction located within one (1) of these counties. In order to be considered for provisional registration and be counted toward goal attainment, a letter of registration from the registering jurisdiction or copy of documentation evidencing registration by the registering jurisdiction must be submitted by the apparent low Bidder within five (5) Business Days of notification by the County of apparent low Bidder status.. A reciprocal registration shall become effective on the date of Contract award and is only valid for one (1) six (6) month period from that date. All firms granted reciprocal registration who wish to continue to participate in the County’s Small Business Encouragement Program after the expiration of its reciprocal registration will be required to complete an application for registration to the County’s Program prior to the expiration of the six-month reciprocal registration period. The County’s SBE Directory and a list of those firms that have been previously awarded the one-time reciprocal registration and firms that have been denied registration with the County’s Small Business Encouragement Program can be found on the County website at: https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program .

2.10.3.3 Joint Venture – A joint venture consisting of a SBE and a non-SBE functioning as a subcontractor and a second-tier subcontractor will be credited with SBE participation based on the SBE venturer’s percentage of participation in the work, risk and profits of the joint venture. Joint ventures shall be qualified in accordance with the rules of the Construction Industry Licensing Board as required by Section 489.119, Florida Statutes. A joint venture with SBE component(s) must be approved by the County’s Small Business Enterprises Division in order for the SBE component’s involvement to be credited toward fulfilling the County’s SBE participation goal. The SBE component of the joint venture must be a County-registered SBE (i.e., registered as a SBE in the County’s Small Business Encouragement Program).

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2.10.3.3.1 A Joint Venture Bidder must submit the following documents to the County’s Small Business Enterprises Division no later than ten (10) Business Days prior to the Close Date of this solicitation for the purpose of review and approval of the joint venture by the County’s Small Business Enterprises Division:

2.10.3.3.1.1 A fully-executed Joint Venture Disclosure Affidavit which must state that the Joint Venture complies with Chapter 489, Florida Statutes;

2.10.3.3.1.2 Proof of County SBE registration for each SBE

component of the joint venture;

2.10.3.3.1.3 Business resume for each party/member of the joint venture; and

2.10.3.3.1.4 A copy of the joint venture agreement which must reflect the scope of the SBE venturer’s managerial and financial responsibilities.

2.10.3.3.1.5 A joint venture Bidder must submit the following documents with its Bid in order to have the SBE component of the joint venture counted toward the SBE participation goal:

2.10.3.3.1.5.1 A copy of the County-approved Joint

Venture Disclosure Affidavit; and

2.10.3.3.1.5.2 The Bid submitted by the joint venture

must be signed by all parties to the joint venture.

2.10.4 SBE Documents Due Prior to Bid Submission

The following documents must be completed and submitted by the Bidder prior to the Bidder’s submission of its Bid to the County:

2.10.4.1 Joint Venture Documents (only applicable if the Bidder/prime Contractor is a joint venture) - the Joint Venture Disclosure Affidavit along with the other documents specifically listed above must be submitted to the County no later than ten (10) Business Days prior to the Close Date of this solicitation for the purpose of review and approval of the joint venture by the County’s Small Business Enterprises Division.

2.10.5 SBE Documents Due at Time of Bid Submission

The following SBE documents must be completed by the Bidder and submitted with its Bid on or before the Close Date of this solicitation:

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2.10.5.1 The Subcontractors/Material Suppliers List – Construction Contracts (SBE- 1 Form) see SBE-1 Form included with this solicitation.